Only and only If the act mandates that a prior notice has to be issued to the defaulter before disconnecting his electricity connection then alone the failure to issue the notice vitiates the process. So you must consult a local lawyer to ascertain if there is any such provision in your state electricity act. If the act mandates notice to the defaulter, which was not issued, you may file a suit for damages against the electricity board.
Electricity was cut due to arrear
My electricity was cut due to arrear in my last electricity bill without giving any notice to me. For this arrear I also gave a justification letter when I made last payment. But it was not answered by rwa. Electricity was cut on 30th Nov. 16 at 10.30am and restored at 8.30pm when we came back from office and discussed it with rwa but only after depositing arrear. Is it not illegal and also harassment to my family as they were without power for 10hours. Is there any legal action which I can take against rwa on this act?
Asked 9 years ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
5 Answers
Electricity is being supplied by government in bulk to complete society and then it is distributed by rwa and privetly billed to each unit. Two months ago billing was being by maintenance agency deputed by builder and from last two months it is done by RWA. But if something is pending, one needs to remind or give notice for pending amount. Small Amount was pending only of last month and they cut electricity before next bill delivered to us. We had given rwa a letter also to justify that amount pending is against the overcharging by rwa in last two bills. Can I file a suit against office bearer for damages. State rules on electricity are same in each state if I am not wrong.
Asked 9 years ago
1) if any outstanding arrears are pending service rpovider is bound to issue you notice that in case payment not made within stipulated period electricity supply would be disconnected
2) it is illegal on part of service provider to disconnect electricity without prior notice
3) case if any can be filed only against service rpovider and not RWA
you cna file complaint against RWA before consumer forum for deficency in service
2) seek compensation for mental torture undergone by you and litigation costs
1. Since the actual dispute is not known to me I can not say whether termination of electric supply was justified or not.
2. if not and you has valid ground for this then you can file case in consumer forum to restore electricity and claim compensation.
3. You can file writ petition in high court as well.
4. If no issue of theft of electricity which is criminal offence is involved then you are likely to get justice.
RWA cannot take law into their hand to deprive the residents of their fundamental rights for basic amenities.
The electricity or power connection is basic amenity without which the survival or sustenance will be in question.
They may form a bye law to disconnect the electricity and water supply but such bye laws which infringe the rights of residents are ultra vire and and contrary to the provisions of the constitution in this regard.
You may first issue legal notice to the RWA demanding explanation and compensation for the losses and mental agony you suffered due to this and then plan to initiate legal case agaisnt them with the cooperative court.
You may consult a local advocate and proceed s per his further advise on the issue.
